GENERAL TERMS OF USE

For transparency and to ensure respect for our users, we invite you to consult our Terms of Use.

ARTICLE 1 – PURPOSE

The application, available from the website https://app.done.fr/connection (the "Platform"), aims to connect donor companies (the "Partners") of donations (the "Donations"), previously registered on the Platform, with associations wishing to benefit from them (the "Associations"), also registered on the Platform.

These General Terms of Use (the "GTC") define the conditions under which DONE, acting as an intermediary, makes available to Partners and Associations (hereinafter the "Users") the technological tools enabling them to give or receive Donations offered on the Platform.

They supplement the General Terms and Conditions governing Donations made between Partners and Associations through the Platform and must be accepted by Partners and Associations to use the Platform's services, by means of validation during registration on the Platform and for each transaction carried out through the Platform.

These GTC are accessible at any time on the Website and will prevail, where applicable, over any other version or contradictory document.

As these GTC may be subject to subsequent modifications, the version applicable to the Donation transaction is the one in force on the website on the date the Donation order is placed.

Amendments to these GTC are binding on Platform Users from the moment they are published online and cannot apply to transactions concluded prior to that.

ARTICLE 2 – SCOPE OF APPLICATION

These GTC apply, without restriction or reservation, to the use of the Platform made available to Partners and Associations by DONE.

The Platform allows Partners and Associations to register, be connected, make or receive Donations, confirm their receipt, and communicate with each other if necessary.

Donations made through the Platform are directly concluded between the Partner and the Association.

DONE acts exclusively as a technical service provider, providing a platform for connecting Partners and Associations.

DONE is in no way a party to the agreements concluded between Partners and Associations, which are formed directly between them.

DONE is neither a seller, nor a donor, nor a buyer, nor a custodian of the goods subject to Donations, and does not at any time take physical possession of them.

Associations are solely responsible for issuing tax receipts, for their compliance with current legal and regulatory provisions, and for the eligibility of Donations for the applicable tax regime.

DONE cannot be held liable in this regard and in no way guarantees the eligibility of Donations for tax benefits.

ARTICLE 3 – SERVICES OFFERED BY THE PLATFORM

The Platform offers registered Partners and Associations access to the following features:

  • Posting listings to offer a Donation
  • Provision of a partnership agreement template to govern the Donation
  • Viewing and searching for donation listings based on specific criteria
  • Booking donation offers
  • Instant messaging between Associations and Partners
  • Issuance of a tax receipt for tax deduction purposes
  • Invitation for team members of the Association or Partner to join the Platform
  • Access to the CSR indicator

ARTICLE 4 – REGISTRATION PROCEDURES

To use the Platform's services, the Partner and the Association must accept these GTCs and register on the Platform via the following website: https://app.done.fr/connection.

Registration for the Partner and/or the Association is done via an email address.

Any registration made with private credentials or via a private account will not be validated and may result in the deletion of Donation offers published by the Partner on the Platform.

The Association must submit a copy of its articles of association, a tax ruling, and a copy of the organizational chart. DONE verifies the information provided by the Association.

DONE performs a formal verification of the documents submitted by the Associations without, however, guaranteeing their accuracy, completeness, or compliance with applicable legal and tax provisions.

Associations remain solely responsible for their legal and tax status, as well as their eligibility to receive tax-deductible donations.

The Partner and the Association are solely responsible for the accuracy of the information they provide. They undertake to update the information if necessary.

DONE cannot be held liable in the event of truncated, inaccurate, or missing data that has led to a direct or indirect impact on the performance of the Services or access to the Platform.

The Partner and the Association undertake to keep their login credentials confidential and are prohibited from disclosing them to anyone. They are solely responsible for the use of their login credentials and access to the Platform, unless there is proof of fraudulent use that cannot be attributed to them.

Any fraudulent use of this data that the Partner and/or the Association becomes aware of must be reported to DONE immediately and in writing.

If a Partner and/or an Association wishes to change their login credentials, they must notify DONE in writing.

In case of non-compliance with these GTCs by the Partner and/or the Association, the Platform reserves the right to temporarily or permanently suspend their access, by suspending or terminating their access without prior notice or compensation.

By registering on the Platform, a Partner and/or an Association fully adheres to and accepts these GTCs, which is expressly acknowledged by the Partner and/or the Association, who notably waives the right to invoke any contradictory document that would be unenforceable against the Platform.

The Partner and the Association should refer to the Privacy Policy to understand the terms of processing their personal data.

ARTICLE 5 – PARTNER'S OBLIGATIONS REGARDING THE PUBLICATION OF A DONATION OFFER

The Partner declares that it owns the products offered as Donations on the Platform or is duly authorized to donate them.

The Partner undertakes to provide, in good faith, precise, accurate descriptions that are not likely to mislead Associations regarding the products offered as Donations. Donation offers published on the Platform must, at a minimum, include a title, a purchase price, a quantity, or a cost price.

The Partner undertakes to create a listing to publish an offer of its products.

Products subject to Donation offers must be tangible goods, whether food products and/or non-food products. Any cash Donation offer will be automatically deleted by DONE.

It guarantees that the goods offered comply with current laws and regulations, particularly regarding safety, hygiene, and marketing, and pose no danger to people's health or safety.

The Partner is solely responsible for the compliance, quality, and condition of the donated goods.

Donation offers are published for a period of thirty (30) days, renewable once.

By publishing a Donation offer, the Partner authorizes DONE to use its content. DONE does not perform any moderation or control over the Donation offers published by the Partner.

The Partner is notably prohibited from using visuals or other descriptive elements, or from making remarks or other messages that are offensive, contrary to public order or morality, infringe upon the rights of individuals or the intellectual property rights of third parties, violate laws and regulations, or harm DONE's brand image, which could then lead to the temporary or permanent interruption of access to the Platform's services.

The Partner receives a notification on the Platform when an Association has confirmed its cart.

ARTICLE 6 – ASSOCIATION'S PREROGATIVES

Following the publication of a Donation offer by the Partner, DONE distributes the announcement to Associations.

Associations can access the list of available Donation offers, descriptions, images, and Partner profiles.

The Platform allows Associations to sort Donation offers based on their geographical area and the category of products concerned.

Associations can create a cart and reserve one or more Donations. Once the cart is created, Associations can confirm their cart.

The Association acknowledges accepting the goods as is at the time they are made available. It is its responsibility to carry out any necessary checks before using or redistributing the goods.

Unless otherwise required by mandatory legal provisions, no claim may be brought against DONE in respect of the goods received.

ARTICLE 7 – ACCESS AND AVAILABILITY

Availability

The Platform is, as a rule, accessible 7 days a week, 24 hours a day.

For the proper management of the Services, DONE may at any time:

  • To suspend, interrupt, or limit access to all or part of the Platform or Services, for any reason whatsoever, with or without prior notice and at its sole discretion
  • To delete, for any reason whatsoever, with or without prior notice and at its sole discretion, any information likely to disrupt the operation of the Platform

DONE will make its best efforts to communicate the dates and times of its interventions to Partners and Associations. However, its liability cannot be sought in the event of a lack of prior communication.

In case of suspected fraud, abusive use of the Platform, or non-compliance with legal provisions or these Terms of Use, DONE reserves the right to suspend or delete the account of the user concerned, without prior notice or compensation. DONE may also refuse any new registration from this user.

Réseau Internet

The Partner and Associations are informed that connection to the Platform is made via the internet network. They are informed that technical hazards may affect this network and temporarily make connection impossible.

DONE cannot be held responsible in the event of a malfunction of the internet network, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the Platform.

ARTICLE 8 – GESTION DE LA PLATEFORME

DONE and the host cannot be held responsible in the event of a malfunction of the internet network, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the server.

DONE cannot be held liable in the event of legal proceedings against Partners and/or Associations due to their use of the Platform or any other service accessible via the internet, or due to Partners' and Associations' non-compliance with these Terms of Use.

The connection equipment used by Partners and Associations to access the Platform is their sole responsibility. They must take all appropriate measures to protect their equipment and their own data. Partners and Associations undertake to access the Platform using recent, virus-free equipment and a recently updated browser.

DONE is not responsible for damages caused to Partners and/or Associations, to third parties, and/or to their equipment due to their connection to or use of the Platform, and Partners and/or Associations waive any action in this regard against DONE.

DONE cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the Platform.

DONE is bound by an obligation of means in making the Platform available. DONE's liability can only be incurred in the event of proven fault and exclusively for direct damages resulting therefrom.

DONE cannot be held liable for indirect damages, including loss of opportunity, loss of turnover, damage to reputation, or commercial prejudice.

DONE does not guarantee that the Platform will be free from anomalies, errors, or interruptions.

ARTICLE 9 – TERMINATION OF ACCESS TO DONE SERVICES

Partners and Associations may cease accessing the Platform's services without providing a specific reason, provided they give 45 business days' notice and fulfill any ongoing orders.

An email expressing the Partner's and/or Association's wish to delete their account must be sent to contact@done.fr.

Upon receipt of this email, the profile of the Partner and/or Association is permanently deleted.

If the Partner and/or Association wishes to use the Platform again, they will have to re-register and accept the same terms and conditions. The Partner and/or Association will not be able to reactivate their old account.

In the event of a breach of any of their obligations by Partners and Associations, or if DONE has reasonable grounds to believe that it is necessary to protect the security and integrity of the Platform, the rights of other Users or any other person, in order to prevent potential fraud or preserve the experience of other Users, DONE may:

  • Immediately and without warning close the account of the Partner or Association concerned
  • Prevent the publication of or delete any review, announcement, message, or content published by Partners or Associations on the Platform
  • Limit access to and use of the Platform for the Partners and/or Associations concerned
  • Temporarily or permanently suspend the accounts of the Partners and/or Associations concerned. In this event, a notification will be sent to the Partner or Association concerned so that they can provide explanations to DONE. DONE will decide, at its sole discretion, whether or not to lift the measures implemented.

ARTICLE 10 – INVITING A TEAMMATE

Partners and Associations can invite a teammate to join the Platform. An email is then sent to the teammate. They have the option to join the Partner and/or the Association. If they join, the teammate's account is automatically created, and they can collaborate immediately.

ARTICLE 11 – CSR

All Partners can access their CSR index, which is calculated according to the following criteria:

  • The number of products donated
  • The number of Associations helped
  • The number of kg of CO₂ saved

ARTICLE 12 – INTELLECTUAL PROPERTY

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate the Platform and, more generally, all elements reproduced or used on the Platform, are protected by intellectual property laws in force. They are the full and exclusive property of DONE or its commercial partners.

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of DONE, is strictly prohibited. DONE's failure to initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said uses or a waiver of prosecution.

The user is strictly prohibited from:

  • Copy, reproduce, represent, disseminate, distribute, publish, permanently or temporarily, all or part of the Platform content by any means and on any medium known or unknown to date
  • Create derivative works from the Platform content
  • Modify, translate, adapt, arrange all or part of the Platform's content
  • Disassemble, decompile, reverse engineer the Platform

In any event, Partners and Associations are solely responsible for their use of the Platform. Any unauthorized use of the Platform or any of its elements will be considered an infringement and prosecuted in accordance with the provisions of the Intellectual Property Code.

DONE's verbal and visual trademarks (logos) are protected. Their use without DONE's written authorization on any medium, for the purpose of promoting products or services, or for commercial purposes, is prohibited under penalty of criminal and civil prosecution by DONE.

ARTICLE 13 – MISCELLANEOUS PROVISIONS

Severability

If one or more provisions of these terms are held to be invalid or declared null and void pursuant to a law or regulation or following a court decision having the force of res judicata, this shall not affect the other clauses of the conditions.

Non-Waiver

The fact that the Parties have not invoked a breach by the other party of one of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.

Partial Invalidity

In the event of a contradiction between a provision of these terms and any legislative text, law, ordinance, regulation, judicial order, or collective agreement, present or future, the latter shall prevail, provided that the provision of these terms so affected is limited only to the extent necessary and that no other provision is affected.

ARTICLE 14 – CONTRACT LANGUAGE – APPLICABLE LAW

These General Terms of Use and the operations arising therefrom are governed by French law. They are written in French. Should they be translated into one or more languages, only the French text shall be authoritative in the event of a dispute.

ARTICLE 15 – DISPUTE

The parties agree to seek an amicable solution to any dispute that may arise from the interpretation or execution of these terms.

Accordingly, the party wishing to initiate the amicable conciliation procedure must notify the other party, by registered letter with acknowledgment of receipt, of its intention to initiate said procedure, specifying the difficulties encountered in its application or the breaches observed.

This amicable dispute resolution procedure constitutes a mandatory prerequisite to initiating legal action between the parties. Any legal action initiated in violation of this clause would be declared inadmissible.

If the parties fail to reach an amicable agreement within thirty (30) calendar days following the first notification, each party shall regain its full freedom of action.

Should an amicable resolution not be reached despite efforts undertaken, any dispute relating to the execution, interpretation, validity, and termination of these terms shall be subject to the exclusive jurisdiction of the Commercial Court of Lille, even in the event of multiple defendants, third-party claims, or summary proceedings.

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